PRINCIPAL COMMISSIONER OF INCOME TAX-I vs. HASMUKH N VORA (HUF)

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TAXAP/290/2016HC GujaratGJHC24051721201627 January 2020Bench: HONOURABLE MR. JUSTICE J.B.PARDIWALA,HONOURABLE MR. JUSTICE BHARGAV D. KARIA2 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court held that the appeal was not pressed by the Revenue in view of the low tax effect, referencing Circular No. 17/2019. The court noted the monetary limits specified in the circular for appeals before the High Court. Consequently, the appeal was disposed of accordingly. The court reserved the liberty for the Revenue to revive the tax appeal in case of any difficulty. No specific finding was made on the merits of the original dispute, as the appeal was withdrawn by the appellant.

What were the facts?

The Principal Commissioner of Income Tax-I filed two tax appeals, C/TAXAP/290/2016 and R/TAX APPEAL NO. 545 of 2017, against Hasmukh N Vora (HUF). The appeals were listed for an order due to low tax effect. The High Court noted that the appeals were not pressed by the appellant (Revenue) in light of Circular No. 17/2019, dated August 8, 2019, issued by the Central Board Direct Taxes. This circular outlines monetary limits for filing appeals. The court referred to the table within the circular, which specifies a monetary limit of Rs. 1,00,00,000 for appeals before the High Court. The appeals were disposed of based on this circular.

What were the issues?

1. Whether the appeal should be dismissed due to low tax effect in light of CBDT Circular No. 17/2019? (Question of law) The Revenue argued that the appeal was not pressed due to the low tax effect, as per Circular No. 17/2019. The circular sets monetary limits for appeals, with Rs. 1,00,00,000 being the limit for appeals before the High Court. The assessee did not present any arguments as the appeal was not pressed by the Revenue.

AI-generated summary — verify with the full judgment below

C/TAXAP/290/2016 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/TAX APPEAL NO. 290 of 2016 With R/TAX APPEAL NO. 545 of 2017 ========================================================== PRINCIPAL COMMISSIONER OF INCOME TAX-I Versus HASMUKH N VORA (HUF) ========================================================== Appearance: MRS MAUNA M BHATT(174) for the Appellant(s) No. 1 MR B S SOPARKAR(6851) for the Opponent(s) No. 1 ========================================================== CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA and HONOURABLE MR. JUSTICE BHARGAV D. KARIA

Date : 27/01/2020

ORAL ORDER (PER : HONOURABLE MR.JUSTICE J.B.PARDIWALA) 1. The Registry has notified the appeal for the purpose of passing an appropriate order. The captioned appeal has been notified because of the low tax effect. The appeal is to be disposed of keeping in mind the Circular No.17/2019, dated 8th August, 2019 issued by the Government of India, Ministry of Finance, Department of Revenue, Central Board Direct Taxes, New Delhi. 2. This tax appeal is not pressed in view of the low tax effect having regard to the Circular No.17/2019, dated 8th August, 2019 issued by the Government of India, Ministry of Finance, Department of Revenue, Central Board Direct Taxes, New Delhi. Page 1 of 2

C/TAXAP/290/2016 ORDER 3. According to the new policy as reflected from the Circular referred to above, the table for monetary limits is as follows: Sr.No. Appeals/SLPs in Income-tax matters Monetray

Limit (Rs.) 1 Before Appellate Tribunal 50,00,000 2 Before High Court 1,00,00,000 3 Before Supreme Court 2,00,00,000 4. In view of the aforesaid, the appeal is disposed of accordingly. In case of any difficulty, we reserve the liberty for the Revenue to revive the tax appeal. (J. B. PARDIWALA, J) (BHARGAV D. KARIA, J) PALAK Page 2 of 2

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